Just Decided Cases

EDEANI NWAVU & 11 ORS V CHIEF PATRICK SUNDAY OKOYE & 19 ORS

Legalpedia Citation: (2008) Legalpedia (SC) 11120

In the Supreme Court of Nigeria

Fri Dec 5, 2008

Suit Number: SC. 214/2003

CORAM


SOWEMIMO, CHIEF JUSTICE,NIGERIA

CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT

BELLO, JUSTICE SUPREME COURT


PARTIES


1. EDEANI NWAVU & 11 ORS APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellants claimed they jointly owned the land in dispute with the respondents through the same progeniture but the respondents claimed exclusive ownership but did not counter claim.


HELD


The Court held that appellants established communal title to the land and that the  respondents did not establish their claim to exclusive ownership.


ISSUES


1. Whether the Court of Appeal was right in setting aside the judgment of the trial court and dismissing the plaintiffs/appellant’s case2.  Whether the Court of Appeal was right in holding that estoppel does not apply in favour of the plaintiffs/appellants in this case.


RATIONES DECIDENDI


CASES CITED


NONE


STATUTES REFERRED TO


The Evidence Act


CLICK HERE TO READ FULL JUDGMENT

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